09/24/1987CITY OF GRAND TERRACE
COUNCIL MINUTES
REGULAR MEETING - SEPTEMBER 24, 1987
A regular meeting of the City Council of the City of Grand Terrace was called to
order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road,
Grand Terrace, California, on September 24, 1987, at 5:30 p.m.
PRESENT: Byron Matteson, Mayor
Barbara Pfennighausen, Mayor Pro Tem
Hugh J. Grant, Councilmember
Dennis L. Evans, Councilmember
Thomas J. Schwab, City Manager/Finance Director
Randy Anstine, Assistant City Manager
Juanita Brown, Deputy City Clerk
Ivan Hopkins, City Attorney
David Sawyer, Planning Director
Joe Kicak, City Engineer
ABSENT: Councilmember Shirley
The meeting was opened with invocation by Susan Shaw, Assistant Professor of
Religion, California Baptist College, followed by the Pledge of Allegiance led by
Mayor Pro Tem Pfennighausen.
Mayor Matteson convened City Council meeting at 5:35 p.m.
ITEMS DELETED FROM THE AGENDA
Mayor Matteson asked if there were any items to be deleted from
the agenda. The City Manager requested Item D - Approval of
September 10, 1987 Minutes be deleted from the agenda due to
changes that need to be made.
SPECIAL
PRESENTATION
Proclamation Mayor Matteson presented a proclamation, proclaiming "Minority
Enterprise Development Week" October 4-7, 1987.
Resolution Mayor Matteson presented a resolution in Support of Maintaining
Mexican Consulate Services.
CONSENT CALENDAR
Mayor Matteson asked Council if there were any items on the
Consent Calendar to be removed for discussion.
Councilmember Grant requested Item A - Approve Check Register
No. 092487.
CC-87-182 Motion by Mayor Pro Tem Pfennighausen, second by Councilmember
Grant, ALL AYES, to approve the remainder of the Consent
Calendar.
PUBLIC
PARTICIPATION
Item B - Ratify September 24, 1987 CRA Action
Item C - Waive Full Reading of Ordinances and Resolutions on
Agenda
Item E - Waiver of fees for the Multiple Sclerosis Society for
use of Community Meeting Room.
Councilmember Grant stated that on page one, Voucher No. P5264,
and he asked if that was John Lightburn's luncheon? Mayor Pro
Tem Pfennighausen replied, "yes." Councilmember Grant
questioned on the second page, Check Register No. 17408, for
$145.00 for Bare Facts, what was that?
The City Manager replied it was a 1/8 page ad in a publication
put out by the Civil Air Patrol; a donation requested for
activities of Civil Air Patrol. The City Manager stated the
Council has a $2,000.00 budget which covers this type of item.
Motion by Councilmember Grant, second by Mayor Pro Tem
Pfennighausen, ALL AYES, to approve Check Register No. 17408.
Mayor Matteson opened the meeting for public participation.
Tony Petta Mr. Petta stated he appreciated the Mayor reading the
11875 Eton Dr. proclamation of the Constitution and the importance of
remembering the fact that, we the people refer to the
government of the people by and for the people. He also stated
the importance of government meetings being opened to the
public. He stated that last Monday evening, he attended the
Planning Commission Meeting and made reference to the Forest
City Dillon Project. He stated the public was not properly
notified of such an important meeting. He stated the newspaper
should have carried the notice for the public's benefit. He
stated this Phase I project went before the Planning Commission
and was denied. He voiced his many concerns about the impact
the apartment will have on Mt. Vernon and the density being the
greatest. The developer appealed and went before the City
Council and the City Council addressed only one of the
problems, which was density. They felt this was the main issue
and, therefore, the City Council approved the whole project.
He stated the developers submitted a plan to the Planning
Council Minutes - 9/24/87
Page 2
Commission last Monday for 308 units, in addition to the
original 248 units. Their project chose not to consider the
conditions of the ordinance. He stated this was approved by
the Planning Commission and will come before Council. Mr.
Petta stated Phase I already has 248 units approved, which
apparently will be built, 96 units will be built in the
Britton area and that already is too much. He stated it will
severely impact Mt. Vernon. He stated as long as the City
Council understood the concerns of the people west of the
freeway, and did away with not only the project, but the zone,
that sets the precedents and, therefore, it would be wise to do
the same on Mt. Vernon.
Councilmember Grant stated that this will come before the City
Council approximately October 24, 1987, or may be as soon as
October 8, 1987. The City Manager stated that they will try
and have it on October 8, 1987, as most of the groundwork is
already set. Councilmember Grant stated he is ready whenever
staff feels they are. He stated his suggestion to staff was,
in addition to the normally described legal places of
notification that it be publicized in the newspapers. Someone
has to make an effort to publicize, not only the people that
might be affected, but the people from all over Grand Terrace
if they are concerned about this need to be notified. He
stated he hoped that we would make every effort to let people
know.
Mayor Pro Tem Pfennighausen reiterated the fact that the
Planning Commission made an accurate decision and was very
thorough in their study of the facts stating that the denial of
the project west of the freeway, was not based on density, but
on safety and access of the project. She stated that the
Forest City Dillon Project is not a poor quality project, but a
quality project by a quality builder. After much discussion,
the Planning Commission voted 6 to 1 in favor of the project.
She felt it was about time people got concerned about this
project, and that only about fifteen people were verbal and
stopped it the last time.
Mayor Matteson stated it was not the time for an open
discussion on this subject, that it will be opened for public
discussion at a later date. He stated that maybe the Foothill
Journal could carry an article on it. He then asked if there
were any other public participation.
Debbie Harber Ms. Harber reported the Chamber of Commerce's upcoming
installation Dinner on October 24, 1987. On October 31, 1987,
they will be having their Chili Cookoff. November 8, 1987,
will be the day of the races at Santa Anita.
Council Minutes - 9/24/87
Page 3
Ed O'Neal Mr. O'Neal stated two years ago, Grand Terrace enacted the
22608 Minona Dr. first Smoke Control Ordinance in San Bernardino County. In
general, every city within the boundary of San Bernardino
County, has either enacted or is in the process of enacting a
similar program. He stated we will be hearing more about it in
November.
Mayor Matteson asked if there were any committee reports?
Crime Prevention Ms. Sharon Korgan asked Council to donate funds for the
Sharon Korgan plaquesfor the Poster and Essay Contest which she allocated
Crime Prevention $30.00 a piece for nine plaques. She discussed the program
Officer goals for 1987/88. She stated that Council had in their packet
a list of the goals she was discussing. She invited Council to
the October 19, 1987 Monthly Business Watch Meeting at 7:00
p.m. She also invited Council to the Neighborhood Watch
Program on September 30, 1987 at 7:00 p.m. in the Community
Room. She thanked Council for the full-time position, which
she felt is much needed. She asked Council to please act on
the plaques. Mayor Matteson stated he had one question about
the plaquesbeing so expensive. Ms. Korgan stated that she
geared it a little high.
The City Attorney stated there was no action item on the agenda
regarding the plaques, therefore, Council could not act on this
issue. Mayor Matteson asked that it be placed on the agenda
for the next meeting. The City Manager stated that if Council
had general concensus that they want to purchase the plaques,
we have sufficent funds in our existing budget to buy them.
Mayor Matteson stated he felt it was the general concensus, but
the cost should be investigated. The City Manager stated he
will check out more than one price. Mayor Pro Tem
Pfennighausen stated to keep up the good work. Ms. Korgan
informed the Council that Thomas Semph has resigned from the
Crime Prevention Committee.
CC-87-183 Motion by Mayor Pro Tem Pfennighausen, second by Councilmember
Evans, ALL AYES, to accept the resignation from Thomas
Semph,regretfully, and that staff should advertise to accept
applications for his replacement.
Mayor Matteson asked staff to send a letter of appreciation to
Mr. Semph. Mayor Pro Tem Pfennighausen asked that Mr. Semph be
included in the Volunteer Banquet.
Mayor Matteson asked if there were any other discussions?
Parks and Mr. Buchwalter stated they have a full compliment on the Crime
Recreation Prevention Committee with Mr. Semph's resignation and they have
Committee parties interested in joining the Committee as active members,
Ralph Buchwalter therefore, they will be making an application to fill the
22970 Merle Ct. vacancy immediately. He stated they are presently functioning
Council Minutes - 9/24/87
Page 4
as a full compliment. He stated that Council will have full
cooperation from the Crime Prevention Committee, as well as the
Parks and Recreation Committee regarding vandalism.
Mayor Matteson asked if there were any other oral reports?
Parks and Ms. Conley, Chairman of Parks and Recreation Committee stated
Recreation that there are three vacancies, due to the resignation of Chuck
Committee Percy, Ken Rinderhagen and Louis Galvez. She asked Council to
Barbara Conley advertise for vacancies. She also stated that she is meeting
with all of the other committees regarding an 1988 Community
Events Calendar.
COUNCIL REPORTS
Mayor Matteson asked if there were any Council reports?
Councilmember Evans stated he had two items, the first was the
Barton Road over -crossing to the I-215 freeway and the
congestion. His main concern was the widening of the bridge.
He stated that in 1985, our City Engineer sent correspondence
to Caltrans concerning widening of the bridge on Barton Road
and I-215, and that Caltrans felt there was not enough traffic
to warrant their participation. In March 1987, we again,
submitted correspondence to Caltrans asking for an update on
the situation. He asked if we had received a reply on that.
The City Engineer stated we also asked for synchronization of
the signals at that time. He stated that in a letter he
received last week, Caltrans asked for our traffic data on
Michigan and Barton Road to be compared with their traffic
data. The comparison would be used in the decision both to
widen the bridge and to synchronize signals at these
locations. In communication, Caltrans stated the
synchronization of the lights would pose no major problem, but
that the lights will need to be interconnected with lights on
the off -ramp.
Councilmember Evans stated he would appreciate receiving any
correspondence received since June 1987. The City Engineer
stated that the widening of the bridge would be contingent upon
the passage of the 1/2 cent sales tax. Councilmember Evans
stated he wants to explore the Council's options in case the
Bill does not pass. Councilmember Evans stated the second
issue is in reference to the Pico Park site. He stated that
since we are in dire need of park sites, he asked that staff
prepare a timetable which would be utilized to guide the
development of that park once we enter into that agreement with
Southern California Edison. He would like to see that in
conjunction with the signing of that agreement.
Council Minutes - 9/24/87
Page 5
Councilmember Grant stated for the record, he represented the
cities of San Bernardino County at the Local Agency Formation
Commission on September 23, 1987. He stated that he sat in on
the Yucaipa Municipal Advisory Council's Open Session on
Yucaipa Cityhood on September 24, 1987. He further stated that
he has again observed the rubbish on top of Mt. Vernon and
advised staff to have it picked -up. He also indicated the
parking lot at Stater Bros. Shopping Center needed to be
cleaned up.
Mayor Matteson directed staff to write a letter to the landlord
regarding the clean-up.
Councilmember Grant asked if we had received any update from
the developer regarding the Westar Project? The City Manager
replied we have not received any directly from them, but he
will request an update and report back to Council.
Councilmember Grant stated he would appreciate it.
Mayor Pro Tem Pfennighausen stated as a piggy -back to the
issues made by Councilmember Grant, the lessors pay to have
sidewalks and parking lots maintained. She has encouraged them
to take some kind of action against Viking Properties to take
care of this. She stated that in regard to the Westar Project,
we should receive an update at least once a month on where they
are. She stated that she attended the Parks and Recreation
Committee meeting and one of the big concerns that the Parks
and Recreation Committee requested her to bring before Council
was the frustration that was felt in not getting information
before the fact about the General Plan Update. She stated they
wanted to put in a request that they be given the opportunity
before it comes to the Council for officially reviewing any
recommendations for any place in the City regarding park land
so they have some idea of what the General Plan Consultant is
considering, like the buying of land, the places that he is
identifying as potential sites, so they might address some of
the issues in the development of park sites. She stated that
was an official request from the Parks and Recreation
Committee. She further stated that frustration is starting to
come out in the Committees with resignations. These people are
giving free of their time and they feel Council is not
listening to them.
Councilmember Evans stated that he asked staff several meetings
ago to coordinate the input of information regarding the
Consultant and asked if staff has done so.
The City Manager replied that they have not had any direct
contact to give to the General Plan Consultant. He felt staff
was a little confused as to what contact they wanted the
General Plan Consultant to address regarding the park issue.
Council Minutes - 9/24/87
Page 6
He stated that when he talked to Mr. Geller, Mr. Geller
indicated he was confused as to what context Council wanted
addressed. From a General Plan standpoint, the issue of the
zoning, applying to land for a park, does not generally fall
under the purvue of a general update.
Councilmember Evans stated that he was hired as a professional,
that he should have formulated a plan for land use in this
community and by now this plan should have been forwarded to
the Parks and Recreation Committee. He stated that either the
plan should be written and delivered to the committee or orally
presented, but that it should be a one-on-one communication.
He felt it was clear at the time. He stated that the committee
should be aware of the plan and be able to share their input
before it goes to the Planning Commission or the City Council.
The City Manager stated that it was Council's direction to the
staff that there would be no direct contact with any citizens
or committee members to the General Plan Consultant. With that
being the direction you have given to staff, you have already,
as a body told us that no one has access and unless Council
changes that policy, that is the case.
Councilmember Evans asked if any correspondence is being
forward to the committee.
The City Manager replied, no direct correspondence relating to
parks.
Councilmember Evans asked has the request been transferred to
the Consultant as to Council's concern?
The City Manager replied, we have talked to the Consultant and
that was the result of the fact stated that he is confused as
to what Council wanted to see. He stated the Consultant feels
it was not his job to stake out land that the City has no
control over and designate it as parkland.
Councilmember Evans stated the City does not have control over
any land.
The City Manager stated that the General Plan Consultant felt,
in his professional opinion, that was not the item that should
be addressed in a General Plan Amendment.
Councilmember Evans stated that he is only 1 of the 5
Councilmembers, that staff should pass it on, that if he does
not identify some land, that he will have some hard questions
to answer to him and he hopes the Parks and Recreation
Committee also.
Council Minutes - 9/24/87
Page 7
Councilmember Grant indicated that what he understood the
direction to staff to be was that the input to the Consultant
from the community would be through the Consultant with the
participation of the City Manager and the Planning Director.
At no time has this Council stated that the community could not
have communication with the Consultant. He stated they hired a
Planning Director to plan the community and a City Manager to
manage the City and that communication must take place in order
for them to work together.
Mayor Matteson stated that the Parks and Recreation Committee
appealed before Council a few weeks ago asking permission to
find a parcel of land. The Mayor stated they were denied the
right and they should have let them do it.
Mayor Pro Tem Pfennighausen requested that staff find the
Minutes where direction was given that only the City Manager
would deal with the Consultant. She stated that she felt that
other committee's should be allowed to have access to plans and
be allowed to give input to those plans. She stated that they
should form a citizen committee before the next update to
review the plan and save the City $30,000.00, because Council
has refused every suggestion the Consultant has made todate.
Mayor Matteson asked staff to find the Minutes where the Parks
and Recreation Committee was present and asked for permission
to find a park site.
Mayor Matteson asked the City Engineer what problems there
would in putting a stop sign at Main Street at the Michigan
crossing. The City Engineer replied that would have to be
coordinated with the County of Riverside because that is the
boundaries between the two Counties.
Mayor Pro Tem Pfennighausen stated that she had talked to Melva
Dunlap, Supervisor from Riverside about a piece of
correspondence that a lady had received from a supervisor from
that district and in the letter he made a remark that it was
not serious because someone did not die there. Mayor Pro Tem
Pfennighausen stated that by having access to that letter,
there would be no problem in getting the stop sign in that
location.
Mayor Matteson asked about the widening of Barton Road past the
freeway down to the next bridge?
The City Engineer asked within the current project? Mayor
Matteson replied, yes. The City Engineer further stated that
it was possible, but there are some right-of-way problems,
mainly on the south side of the freeway, but these parties
could be approached. He stated that if Council so directed, he
would write letters to the people on the west side of I-215 and
request that they consider dedicating.
Council Minutes - 9/24/87
Page 8
Mayor Matteson asked if that was Council's general consensus to
continue with the research?
Mayor Pro Tem Pfennighausen asked the City Manager if they had
funding for a project of this magnitude?
The City Manager replied he felt before asking the owners to
dedicate, that they should do a study on the cost to find out
if they have funding in this fisal year and that Council could
go from there.
The City Engineer stated that the Assistant City Manager had
funds budgeted for improvement on that portion of the roadway
and if they combined that with the estimated balance of funds,
they could come back to Council with a figure of cost.
Mayor Pro Tem Pfennighausen stated that in the widening of
Barton Road, there would be excessive expense because of the
moving of power poles.
Councilmember Evans concurred that they were talking about a
lot of money and asked if they were talking about widening from
the western side of the bridge to the City limits, is that the
intent. Mayor Matteson replied, yes.
PUBLIC HEARING
It was observed that Hugh J. Grant left the meeting at 7:48
p.m. and returned at 7:54 p.m.
Consider extension The Planning Director read the staff report regarding the T.J.
T.J. Austyn Austyn extension. Mayor Matteson asked if there were any
Tentative Tract questions from the audience regarding this issue?
No. 13050
Robert Faries Mr. Faries stated that a meeting should be set up between
12491 Oriole Austyn and the citizens of the surrounding area and also
suggested that someone from the City be in attendance to help
them understand what is going on.
Ed St. Jermain Mr. St. Jermain discussed the report from T.J. Austyn and
12600 Warbler stated there is no downstream storm drain for the water to go
into. He stated the hydrology report prepared for T.J. Austyn
stated that there is a large amount of off -sight drainage
coming from Blue Mountain onto that tract. He made reference
to the options stated by the Planning Director. He stated they
called themselves the Blue Mountain City, and if we are going
to be the Blue Moutain City, then we need to learn to live with
Blue Mountain and understand it and the natural forces that
interact with it, because if we don't, Blue Mountain is just
going to wash us down the mountain.
Council Minutes - 9/24/87
Page 9
Mayor Matteson asked if there was anyone else in the audience
that wanted to give their comments on this issue. No one
desired to do so, so he returned it back to the City Council
for their comments.
CC-87-184 Motion by Councilmember Evans, second by Mayor Pro Tem
Pfennighausen, to adopt staff's recommendation, Alternative
Number 1 - denying the request for an extension for TM 13050,
Phases 5, 6 & 7.
Mayor Matteson asked if there was any discussion?
The City Attorney asked what notice we gave to the developer or
the owners. The Planning Director replied the applicant was
notified after the Planning Commission meeting of the
scheduling of the meeting and he understood the City Clerk's
Office and the City Manager's Office sent a copy of the report
to the applicant last week, but that has not been confirmed.
Mayor Matteson asked the Planning Director did this expire on
September 12, 1987?
The Planning Director replied, yes, but the California State
Map Act automatically allows for a sixty-day extension, as long
as staff from the City receives a request for a extension prior
to that date or if Council acts and approves or denies the
project.
Councilmember Evans stated that the five members of the
Council, when a project comes before them, have to rely on the
professional experience of all the various agencies for their
input from what they base a decision. He stated that he had
major concerns as it relates to the topography. He stated
there are concerns relating to grading and problems as you get
closer to the foot of the hill, the topography and engineering
aspect of this project are his primary reasons for requesting
denial of the project.
Mayor Matteson asked Council to cast their votes.
Motion CC-87-184 carried ALL AYES.
Mayor Matteson stated the next item is an approval of an
Interim Ordinance clarifying GP-87-2 and Z-87-2 the area west
of I-215. The City Attorney stated he would read the ordinance
and felt it should be an Urgency Ordinance and asked that
Council act on it as an Urgency Ordinance and then he read the
ordinance.
Council Minutes - 9/24/87
Page 10
The Planning Director stated that the Interim Ordinance is to
clarify the intent of GP-87-2 and Z-87-2, the intent is that
all of the changes that were approved at that time will affect
all of the area west of the freeway. Until the City's overall
General Plan and map designation are reviewd, this ordinance
will not change any of the details of those ordinances or
amendments to the General Plan.
Mayor Matteson asked as clarification, why doesn't the zoning
in the ordinance which was passed affect the whole City? Why
are we separating that right now?
The Planning Director replied that was suggested by the City
Attorney and maybe he should clarify that.
The City Attorney stated there are certain portions of the
ordinance that could not apply and until such time as the
General Plan occurs, those designations don't match what
currently exists. The position would be a hunt and peck
situation in which you decide and determine in each instant
which designation applies and which does not. He felt it would
be vulnerable to attack. He stated so that if you disapprove a
project, and it's vulnerable, it doesn't take very much of a
whiz to notice the area in which he should attack you. He
stated he didn't think we wanted the vulnerability to attack
from the position the City takes and the approval it grants.
Mayor Matteson asked if this ordinance would automatically
terminate upon completion of the General Plan? The City
Attorney replied, yes, sir. Mayor Matteson asked if there were
any questions from the audience?
Councilmember Evans asked the City Attorney if he was making
this ordinance an Urgency Ordinance, when would the effective
date of this ordinance be. The City Attorney replied,
immediately upon its adoption.
CC-87-185
Motion by Councilmember Evans, second by Mayor
Pro Tem
Pfennighausen, ALL AYES, that the City Council
adopt staff's
recommendation regarding the Urgency Ordinance
clarifying
GP-87-2 and Z-87-2, the area west of I-215.
UNFINISH
BUSINESS
Update on Noise
The Assistant City Manager stated that at the
last regular
Violation
session of the City Council, it was requested
that Council be
Fieldcrest
aprised of the situation concerning the noise
that was being
Homes
generated from the Fieldcrest Property. He indicated
there was
an update before Council that dealt with the conversation
that
staff had with Marilyn Dodge and Jim Sims.
Council Minutes - 9/24/87
Page 11
Bill Dodge Mr. Dodge handed out a log that he and his wife had kept since
22887 Finch St. the last meeting. He stated there has been some changes, but
they were not significant. He stated he tried to call Mr.
Neggie, but all he got was an answering machine. In regard to
the ditch, he suggested that a Bond be posted by the developer
so that it will be completed.
Robert Faries Mr. Faries stated the gates around the property are opened at
6:00 a.m. every morning. He stated he was contacted by the
City Engineer's Office and that they were going to put in a
storm drain ditch, but he was not informed as to when that is
going to take place. The City Engineer stated he had a
conversation with Mr. Neggie and that ditch would be worked on
beginning September 29th and should take no more than two days
to complete.
Mayor Matteson stated that the ditch is an issue that must get
resolved. He stated that we have done our job on the Noise
Ordinance and things are getting a little picky. These guys
have to get their job done.
Mayor Pro Tem Pfennighausen stated that if the project is not
completed by winter, the problems they are facing right now are
going to be minor to the problems they will have. She further
stated she is symphatic with their interrupted sleep and their
peace and quiet on Saturdays and Sundays. She does not feel
that Fieldcrest has been cooperative, and Council is concerned
with the citizens complaints, but not if they have to stand
outside and see if they are working. She stated if the
deputies are not citing them, then they need to be given
redirection. She asked the people how would you like to be
house directly behind the underground drain at Cardinal and
Warbler when that water comes down that hill; how would you
like to be that property owner when that comes down as a sea of
mud. She stated that the drainage channel has to be carefully
monitored and done quickly; that the developer should be ready
with sandbags in that event.
Councilmember Grant asked the City Attorney, in reference to
the chronological notes presented to him by Mr. Dodge, if City
Law has been violated. The City Attorney replied, probably on
some of the occasions, but felt the instances had been
reduced. For the most part he did not feel that they are
construction -oriented offensive noises.
CC-87-186 Motion by Councilmember Grant, that Council instruct the City
Attorney to provide Council with a recommendation whether they
should require posting of a substantial bond to restrain the
developer from continuing a nuisance in this regard or to
provide them with information whether or not they should have a
legal injunction.
Council Minutes - 9/24/87
Page 12
Marilyn Dodge
Second by Councilmember Evans for purposes of discussion. He
asked the City Attorney to define a Temporary Restraining Order
and a Bond that Councilmember Grant proposed.
The City Attorney replied there is no similarity, the Bond
would assure that this would not occur, it would be a voluntary
bond. The affective way would be the Temporary Restraining
Order.
Councilmember Evans went through the log provided by Mr. Dodge
and asked the City Attorney in his opinion, which occurrences
were actually in violation of the ordinance. The City Attorney
stated the occurrences he felt were in violation.
Mrs. Dodge stated she felt it asked of them to provide Council
with an update, therefore, she took specific notes.
Detective Reynosa asked to address the specific date of the
20th of September. He stated that the Sheriff's Officer went
out to the site and spoke to the workers. He informed
Detective Reynosa as to what his disposition was on that
assignment. The Officer advised him that he had not seen
either of the two men on prior occasions, so he took the
alternative to ask them to leave, which they did.
Councilmember Evans stated from reviewing the chronology of
those dates where there have been violations, with one
exception where the deputies have taken action by initiating a
citation. The City Attorney now has to address that in court.
Sandy Windbigler Ms. Windbigler stated she does not live in Grand Terrace
anymore, but works here and felt the citizens need to be more
patient with the developer; as soon as the developers get their
work done, they will be on their way. She stated that it is
not always the developers fault, sometimes it is the
subcontractors fault.
Councilmember Grant stated the people have been more than
patient.
Mayor Matteson stated that if the motion is passed, is that to
install an injunction on this tract of homes? If so, the
developers better increase the insurance, because when the mud
comes down into that tract of homes, the same people are going
to come back to Council for restitution.
The City Attorney stated he did not believe the motion directed
him to to obtain a Temporary Restraining Order. Mayor Matteson
asked Councilmember Grant to repeat the motion.
Council Minutes - 9/24/87
Page 13
Councilmember Grant stated that this Council instructs the City
Attorney to provide Council with a recommendation as to whether
they should impose an injunction or whether or not there should
be required a legal Bond against the developers to restrain the
nuisance.
The City Attorney inquired as to whether or not Council would
want him to wait until the next Council meeting to seek a
Temporary Restraining Order.
Councilmember Granted stated, "no."
The City Attorney stated if the motion passes, he suggests that
rather than reporting back to Council as a whole, because they
won't meet for two weeks, that they might want him to report
back to either the Mayor or the City Manager.
The Mayor asked the City Attorney to explain the motion.
The City Attorney stated the motion was for them to report back
with the affect of either or both, and his recommendation as to
which method should be pursued or to pursue a Temporary
Restraining Order and the Bond.
Motion CC-87-186 carried ALL AYES.
NEW BUSINESS
Request for The Assistant City Manager stated the City Council has received
No Parking Signs a request from three property owners, whose property is located
on Barton Road on Grand Terrace Road, just north of Barton, to delineate
certain areas of Grand Terrace Road as "No Parking" areas. He
stated staff has gone out and looked at the area and staff has
no objection if Council choose to delineate these areas.
Mayor Matteson indicated the agenda stated Barton Road, not
Grand Terrace Road and asked the City Attorney if there was a
problem with that? The City Attorney replied, yes. The Mayor
postponed that item until the next Council meeting.
Appropriation of The Assistant City Manager stated staff was requested to go
funds for the back and research the status of the establishment of a reward
establishment system. He stated that at that point and time, there had been
of a Vandalism a request made to the City for collection for said reward, but
Reward Program if Council so desired the sum of $500.00 be appropriated and
set aside and utilized for that purpose.
CC-87-187 Motion by Mayor Matteson, second by Mayor Pro Tem
Pfennighausen, ALL AYES, to appropriate funds for the
establishment of Vandalism Reward Program.
Council Minutes - 9/24/87
Page 14
Extension of 90 Mayor Matteson stated that he has since received a letter
days granted to requesting that the date be extended to December 30, 1987,
ITT School until because the building that they are moving into will not be
11/30/87 completed. They will actually be closing the school on the
18th of December and want until the 30th of December to move
out.
CC-87-188 Motion by Mayor Matteson, second by Mayor Pro Tem
Pfennighausen.
Councilmember Evans stated that it was never the intent of the
City to force ITT School out, that he has heard the City wants
to welcome them with open arms. He asked if they would
consider moving back into Grand Terrace if they can work
something out with the Victor Construction Project.
Bill Miles
Mr. Miles stated the situation with Victor Construction and the
10437 San
decision making was that they did not have enough time to wait
Antonio,
for Victor Construction. It has come down to timing, as they
Colton
are requiring more classroom space. He stated that they felt
it was in their best interest because of timing to leave the
City of Grand Terrace although, they have looked extensively
for more space, before coming to Council.
Councilmember Evans asked if Council were to take action that
would say you could stay and if there are available facilities
in that building contingent upon finding other suitable
locations within the Terrace, would you go with that?
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Mr. Miles stated that they would seriously consider it, but
parking is a major consequence.
Councilmember Evans stated that they have until December 30,
1987, and suggested staff closely coordinate with ITT and
Victor Construction in a timely fashion the possibility of
keeping the school in the Terrace.
Mayor Matteson stated that they already have a lease.
Councilmember Evans stated that leases can be broken.
Mr. Miles stated that Grand Terrace had worked and cooperated
with them to the extent beyond reasonableness and they are very
thankful for that.
Mayor Matteson asked Council to cast their votes.
Motion CC-87-188 carried ALL AYES.
Council Minutes - 9/24/87
Page 15
The Council meeting was adjourned at 8:00 p.m. Regular
schedule meeting to be held on Thursday, October 8, 1987 at
5:30 p.m.
Respectfully submitted:
APPROVED:
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Council Minutes - 9/24/87
Page 16